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Family

This section provides legal information and advice on family and children law matters in England. The information ranges from private law matters which includes contact, domestic abuse and adoption to public law matters including local authority involvement with children and child protection.

Parental disputes

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This section has information on the law relating to disputes about children such as where a child is to live, who is to have contact, whether a child can be removed from the UK, disputes about a child’s education and when a child’s surname can be changed.

This page provides information on abduction and the unlawful removal of a child from the UK including how to prevent abduction, what to do if a child is abducted and how to lawfully remove a child from the UK.

This page explains the role of a child advocate, who can represent the wishes and feelings of children in local authority care. It explains who is entitled to an advocate and the expected standards of an advocate.

This page explains the duties of Children’s Services to act once a child protection referral is made. It explains the different investigations that can take place and the possible courses of action including a section 47 investigation, emergency protection order or care proceedings.

This page explains the law on spending time with a child when a relationship breaks down, including the different types of contact such as supervised or indirect contact and the family court orders for contact.

This page provides information on getting help to pay for legal costs for family matters. It explains what legal aid is, when it is available and the type of help it covers. It also provides information on the evidence needed for legal aid in private disputes about arrangements for children.

This page explains the law relating to the situation where a child goes to live with a person who is not related to them for more than 28 days. It explains the duties of the local authority to assess the suitability of a private foster carer and provide support.

This page explains the situations where Special Guardianship might be appropriate to secure the long term arrangements for a child living with a person other than their parent. It explains the assessment process and support available.

This page provides information on when you can take a child on holiday, whose permission is required and how you can prevent a parent from taking a child outside of England and Wales. It also includes information on taking a child on holiday during school term-time.

This page explains the law on consent to medical treatment and what to do in the event that there is a dispute about medical treatment.

Raising and caring for children & young people

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This section has information on the law relating to caring for a child who is not yours, including information about kinship or family friends care, young carers. adoption, special guardianship and fostering. It also explains the obligations of the local authority to care for a child and the ability of the court to protect a child.

This page explains the law surrounding an arrangement where a child goes to live with a family member or friend and the obligations of the local authority to assess the carer for support and suitability.

This page provides information on getting help to pay for legal costs for family matters. It explains what legal aid is, when it is available and the type of help it covers. It also provides information on the evidence needed for legal aid in private disputes about arrangements for children.

This page explains the law relating to the situation where a child goes to live with a person who is not related to them for more than 28 days. It explains the duties of the local authority to assess the suitability of a private foster carer and provide support.

This page explains the situations where Special Guardianship might be appropriate to secure the long term arrangements for a child living with a person other than their parent. It explains the assessment process and support available.

This page explains the duties of the local authority to assess and provide support to young people who care for family members.

Duties of Children’s Services

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This section has information on the law on child abuse, the duties of Children’s Services to provide for and protect children within their local area and advice for children and parents who have the involvement of Children’s Services in their lives.

This page explains the role of a child advocate, who can represent the wishes and feelings of children in local authority care. It explains who is entitled to an advocate and the expected standards of an advocate.

This page explains the duty of Children’s Services under section 17 Children Act 1989 to provide services to children in need in their area. It explains the definition of a child in need, the assessment process and child in need plans and the types of services available.

This page explains the duties of Children’s Services to act once a child protection referral is made. It explains the different investigations that can take place and the possible courses of action including a section 47 investigation, emergency protection order or care proceedings.

The Children Act 1989 places a legal duty on Local authorities to safeguard and promote the welfare of looked after children. This duty extends to promoting the child’s educational achievement and this information page will seek to explore the specific duties placed on Local Authorities in relation to the education of a looked after child.

This page provides information on getting help to pay for legal costs for family matters. It explains what legal aid is, when it is available and the type of help it covers. It also provides information on the evidence needed for legal aid in private disputes about arrangements for children.

This information page sets out the functions and responsibilities of local authorities under Part 3 of the Children Act 1989, which concerns the provision of local authority support for children and families. Specifically, this page will detail Local Authorities’ duties in relation to care planning and placement decisions.

This information page will set out the law surrounding Police protection and Emergency Protection Orders which are options available to use in an emergency when a child is at risk of imminent harm. Please see the table below to find out further information.

This page provides information on the duties of the Local Authority to provide accommodation to children under the age of 16. It includes information of how the Local Authority will assess a child and the types of accommodation that can be provided.

This page explains the law on spending time with a child when a relationship breaks down, including the different types of contact such as supervised or indirect contact and the family court orders for contact.

Child safeguarding

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This section has information on the law on all child protection issues, from domestic abuse, abduction, bullying and smacking to the duties of Children’s Services to protect children at risk of harm or homelessness.

This page provides information on abduction and the unlawful removal of a child from the UK including how to prevent abduction, what to do if a child is abducted and how to lawfully remove a child from the UK.

This page provides information on the duties of the local authority to provide accommodation to children under the age of 16. It includes information of how the local authority will assess a child and the types of accommodation that can be provided.

This page explains the role of a child advocate, who can represent the wishes and feelings of children in local authority care. It explains who is entitled to an advocate and the expected standards of an advocate.

This page explains the duties of Children’s Services to act once a child protection referral is made. It explains the different investigations that can take place and the possible courses of action including a section 47 investigation, emergency protection order or care proceedings.

This page provides information on getting help to pay for legal costs for family matters. It explains what legal aid is, when it is available and the type of help it covers. It also provides information on the evidence needed for legal aid in private disputes about arrangements for children.

This page provides information on dissolving or ending a civil partnership including the grounds and reasons for ending the civil partnership, how to make an application and information on the overall process.

This page provides information on the alternatives to ending a marriage or civil partnership which are annulment and judicial separation. It explains the grounds and the process.

Education

This section provides legal information and advice on education law in England. The information ranges from the law on bullying, transport and home education to school admissions, exclusions and the duties of schools and local authorities to children with Special Educational Needs.

Sections 449-462 of the Education Act 1996 govern the law on “charging for school activities”. This applies to all maintained schools, academies and Local Authorities. This information page will cover what schools are able to charge for, what they are unable to charge for and also related areas such as optional extras and voluntary contributions.

The Children Act 1989 places a legal duty on Local authorities to safeguard and promote the welfare of looked after children. This duty extends to promoting the child’s educational achievement and this information page will seek to explore the specific duties placed on Local Authorities in relation to the education of a looked after child.

This page provides information on getting publically funded legal assistance for educational law matters such as discrimination, special educational needs or judicial review. It explains what legal aid is, when it is available and the type of help it covers.

This page explains the circumstances in which a school can agree with a pupil and their parents/carers for the pupil to move schools or change their educational programme. It explains what this will involve and what might be included in a managed move agreement.

This page provides information on how schools can support children and young adults experiencing mental health difficulties and when a mental health difficulty can be considered a disability or Special Educational Need.

This page provides information on the subjects that schools in England must teach in Key Stage 3 and Key Stage 4 and offers advice on what to do if you want to withdraw your child from certain subjects or examinations.

This page provides information on the Prevent Duty placed on schools to safeguard pupils from radicalisation and being drawn into terrorism. It includes government definitions on terrorism, radicalisation and extremism and explains the obligations of schools to assess risk, train staff, educate pupils and refer to the Channel programme when there is a need for intervention.

This page provides advice on what the expected standards are in relation to food provided in schools in England, outlines the role of the governing body, and stipulates the legal requirements contained in legislation.

This page describes the different types of schools in the UK and how they are funded and managed. It explains the difference between maintained schools, academies, free schools and independent schools.

This page contains a list of organisations that may be able to help with subjects not covered by this site.

Attending court

This section is aimed primarily at individuals who have made their applications in private family law cases. It provides information on the court process, including what to expect in different types of hearings and explains the rules of evidence and the role of CAFCASS. It also provides practical advice on representing yourself in court and has templates of a Child Arrangements Order, Exhibit Sheet and Witness Statement.

This page explains the process of family mediation where families can sit down with an impartial party to discuss the future arrangements for children. It explains when mediation is necessary, when you might be exempt from attending and the expected standards of a family mediator.

This page provides information on the different options available when bringing a case to court, including legal aid, private representation, representing yourself, using a solicitor’s unbundled services or instructing a direct access barrister.

This page provides information on getting help to pay for legal costs for family matters. It explains what legal aid is, when it is available and the type of help it covers. It also provides information on the evidence needed for legal aid in private disputes about arrangements for children.

This page explains the approach of the courts in ordering that one party pay the costs of another party in disputes relating to a child. It gives examples of when costs have been ordered and the circumstances that the court will consider.

This page has a template of a witness statement which can be used in preparing statements to the court.

Welcome to Child Law Advice

Welcome toChild Law Advice

Registered Charity no. 281222

Lawstuff

If you are a young person who requires advice and information click here to visit LawStuff, our website dedicated to providing advice and assistance to young people.

What we can provide

impartial Legal Advice on Child, Family and Education law

free information pages on Child, Family and Education law

telephone advice on the legal position in your situation

telephone advice on the steps you can take

telephone advice between the hours of 8am to 6pm, Monday to Friday except Bank Holidays and the Christmas period

limited one reply email advice on education and family law

detailed How to Guides on Child, Family and Education law*

a call back at a time that suits you*

* A fee will be applicable for these options

Please note that we can only provide telephone advice once the caller has provided their name, address and telephone number. Please view our Terms and Conditions for more information

What we can not provide

our opinion or provide a second opinion

advice if you have instructed a lawyer

advice if you live outside of England

legal representation or face-to-face advice

advice on child maintenance and any other financial dispute

advice on any areas of law outside of Child, Family and Education law

advice on merits of appeals

advice to professionals in relation to what you should be doing in your professional capacity. We can only advise professionals if you are calling on behalf of a specific young person/family and they require advice

advice to students/professionals in relation to any research

Schools Information Service

The Child Law Advice Service now offers a schools information service. For a small fee, this service provides school professionals with detailed information about their legal rights and duties. Read more here...

Migrant Children’s Project

For issues affecting refugee and migrant children, young people and families, click here to visit our Migrant Children's Project website for specialist information.

Tell us what you think

We welcome your feedback on all aspects of the Child Law Advice service. To visit our feedback page click here.

Signposting list

For page of useful links to organisations that may be able to assist on subjects or locations we do not cover, click here.